ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS BOARD DATE: 31 January 2020 DOCKET NUMBER: AR20170014684 APPLICANT REQUESTS: * in effect, cancellation of his bonus recoupment * in effect, repayment of debt collected APPLICANT’S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * page 1 of counseling statement * separation orders * doctor's functional capability statement FACTS: 1. The applicant states: * his discharge from the Army National Guard (ARNG) is an honorable discharge * he was discharged for failing to reply or accept official correspondence * this was the discharge chosen to speed up his discharge and make it easier * after separating from active duty, he received an honorable discharge and entered the ARNG * he received a 90 percent disability rating from the Department of Veterans Affairs (VA) * the enlistment noncommissioned officer told him there would be no problem with him enlisting in the ARNG * over time, his conditions got worse and talk of separation had been brought up * in order to speed up his separation and make things easier, instead of doing a Medical Evaluation Board he was given an honorable discharge with failure to reply or accept official correspondence as the reason * he received a bill for a reenlistment bonus * in the counseling statements prior to separation, it was specifically stated there was to be no recoupment of any bonus he already received due to the issues being medically related * he has all the paperwork used in this process including notes from doctors stating service should not be continued 2. The applicant’s service record contain the following documents for the Board's consideration: a. A DD Form 214 (Certificate of Release or Discharge from Active Duty), showing the following: * the applicant was transferred to the Tennessee ARNG effective 18 May 2014 * he was honorably released from active duty * the narrative reason for separation was completion of required active service b. A periodic health assessment dated 23 April 2014, which shows his physical capacity, upper extremities, lower extremities, hearing/ear, eyes, and psychiatric (PULHES) profiles were all listed as 1. c. A DA Form 5691-R (Request for Reserve Component Assignment), dated 12 March 2014, wherein the applicant requested assignment in the Tennessee ARNG. d. A DA Form 5690-R (Reserve Components Career Counselor Interview Record), dated 13 February 2014, which shows: * the date of the applicant's last physical was 17 December 2012 * his PULHES profile was listed as 1 e. A DA Form 4836 (Oath of Extension of Enlistment or Reenlistment), dated 28 January 2016, which shows the applicant extended his enlistment in the Tennessee ARNG for a period of 6 years. f. An NGB Form 600-7-3-R-E (Annex R to DD Form 4 or DA Form 4836 Reenlistment/Extension Bonus Addendum ARNG of the United States), which shows: * the applicant extended in MOS 11B (Infantryman) for a period of 6 years * the applicant was extending for a reenlistment/extension bonus of $12,000 * any break in service prior to completing his reenlistment bonus contract period would permanently terminate his reenlistment bonus eligibility effective his ARNG discharge date * any other additional termination with recoupment condition not included in the addendum could be found in Army Regulation 601-210 * he may be terminated without recoupment if he is discharged due to injury or illness that occurred or was detected while assigned in a traditional drilling status and not the result of his own misconduct g. A NGB Form 22 (National Guard Report of Separation and Record of Service), which shows: * the applicant was honorably discharged on 28 April 2017 * the authority and reason was other designated physical or mental conditions 3. The applicant's service records are void of any health issues he may have suffered while on active duty, his VA rating, and any documentation showing he had a medical condition at the time of his discharge from the ARNG. 4. The applicant provides the following documents for the Board's consideration: a. Page one of DA Form 4856 (Developmental Counseling Form), dated 22 March 2017, which shows: * he was counseled by Sergeant First Class T O'B on failure to comply discharge * the medical case concerning the applicant's back, knees, shoulder and sleep apnea were still ongoing without any documentation being produced for clarification * the applicant's case had been open since October 2016 * the applicant had ample time to produce medical documents for review * the applicant had been given notification of separation explaining he was being processed for separation * he reenlisted on 28 January 2016 for a bonus * the counselor spoke with S1 and the bonus section, and as of 28 March 2017, the applicant met the mark to maintain any monetary amounts paid if discharged * he would not get the 2nd part of the bonus b. Orders 129-1015, published by Joint Force Headquarters, Tennessee National Guard, dated 9 May 2017 honorably discharging the applicant from the ARNG effective 28 April 2017. c. A Functional Capability - Lower Extremity - Spine from the Tennessee ARNG, dated 5 January 2017, signed by the provider, which shows: * the applicant had significant weakness, dysfunction or pain of the lumbar or sacral spine * the applicant did not have physical therapy or other non-surgical therapeutic treatment * the applicant did not have a surgically correctable condition * the applicant could not wear boots and uniform for at least 12 hours per day * the applicant was able to run 5 to 7 yards in an emergency to evade injury * the applicant was not able to wear garments and gear weighing less than or equal to 75 pounds for at least 12 hours per day * the applicant could not move move a 40 pound object 100 yards wearing his equipment * the applicant was not able to ride in a pickup truck over rugged terrain for at least 12 hours per day * the applicant should not run on a daily or regular basis * the applicant was not able to live in a rural region of a Third World Country for 12 months without worsening his condition * the applicant could carry and fire a pistol or rifle * the applicant could take the 2 and half mile walk instead of running as an aerobic test * the applicant could not do sit ups, wear his full tactical gear, or body armor without reinjuring himself in the military 6. See below for applicable regulations. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board agreed that the applicant's bonus contract clearly provided for termination of his bonus without recoupment if he were to be discharged due to injury or illness that was not the result of his own misconduct. This was reinforced through counseling he received during his discharge processing. The Board further agreed the record clearly shows the applicant was discharged due to "other designated physical or mental conditions" and there is no evidence indicating any of those conditions were the result of his own misconduct. Based on a preponderance of the evidence, the Board determined the applicant's record should be corrected to show his reenlistment/extension bonus was terminated without recoupment and any monies that have been recouped should be returned to him. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : X :X :X GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing his reenlistment/extension bonus was terminated without recoupment effective 28 April 2017 and returning to him any monies that have been recouped. I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case. REFERENCES: 1. Army Regulation (AR) 601-210 (Regular Army and Reserve Components Enlistment Program), in effect at the time states: a. In paragraph 10-3i, applicants for the program will be required to sign documents that specify the eligibility criteria and the term of service for the incentive. The document will contain an acknowledgment that the applicant has been advised of, and understands, the benefits of the program and the conditions that can cause termination and recoupment. These documents must be authenticated by a proper witnessing official and will include the preparation date. The appropriate incentive addendum must be completed and a copy made a permanent part of each enlistment or affiliation pact. b. In paragraph 10-8a(8) , incentive eligibility will be terminated if the Soldier separates from the Selected Reserve unit for any reason. 2. AR 600-4 (Remission or Cancellation of Indebtedness) in accordance with the authority of Title 10 USC, section 4837, the Secretary of the Army may remit or cancel a Soldier’s debt to the U.S. Army if such action is in the best interests of the United States. Indebtedness to the U.S. Army that may not be canceled under Title 10 USC, section 4837 when the debt is incurred while not on active duty or in an active status. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20170014684 4